Expert: Cynthia Bedell - 4/22/2008

Question
Dear Ms Bedell,
   You recently answered my question pertaining to OCS with a DWI.  This is the original question
(( http://en.allexperts.com/q/Careers-Military-Army-1483/2008/2/Trying-tio-OCS.htm )). Unfortunately, believe it or not, the judge that myself and my lawyer had to go in front of received a DWI a month after i received mine, and because of all the "hype" surrounding her case, we were unable to get a plea bargain to DWAI (which in NY is only a violation, not a misdemeanor.) I got in touch with a recruiter and he said I am not able to apply for OCS because of this.  However I have been doing research on the subject and found that I am in fact, entitled to at least apply for a waiver.  Is my recruiter lying to me or did the Army change the rules?  Thank you very much for your time.  

Answer
Dear Nathan --

The Judge should have recused herself, or your lawyer should have insisted on a different judge.  Under the circumstances, you got a bad deal.

However, you may enter the Army with a morality waiver.  Unfortunately, the existence of that waiver reduces the "quality" of your file, and practically eliminates your chance for an OCS rider on your enlistment package.

If you choose enlist without an OCS rider, you could try for a high tier job, and accelerated promotions since you will have a college degree.  This option would allow you to earn promotions all the way to Sergeant by the end of 24 months of service.  At that time, you could apply to OCS and earn your commission.  

Some recruiters don't want to have to do the paperwork associated with a morality waiver.  If your recruiter insists he cannot do a package for you, find another recruiter.  You are authorized to request that waiver.  The Army can deny it or accept it and limit your job and training options, but a recruiting Sergeant does not get to decide you don't deserve a chance to apply.

Good luck to you.  I know it is tough, under the new circumstances.